ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JULY 24, 2006 AT 1:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Ren‚ Longoria dba Arturo's to
expand its Class I liquor license by an addition
of an outside caf‚ area measuring approximately 18
ft. by 24 ft. to the north on property generally
located at 803 Q Street, #150. (ADOPTED FOR
APPROVAL, 7-0; A-83935)
2) Application of Guadalajara, Inc. dba Las
Margaritas for a Class C liquor license at 2700
Jamie Lane.(ADOPTED FOR APPROVAL, 7-0;A-83936)
3) Manager application of Guillermo Haro for
Guadalajara, Inc. dba Las Margaritas at 2700 Jamie
Lane.(ADOPTED FOR APPROVAL, 7-0;A-83937)
4) Manager application of Michael T. Tucker for
Sandy's Inc. dba Sandy's at 1401 O Street.
(ADOPTED FOR APPROVAL, 7-0; A-83938)
5) Application of Gas 'N Shop Inc. dba Cappy's for a
Class I liquor license at 5560 S. 48th Street, #4.
(ADOPTED FOR APPROVAL, 7-0; A-83939)
6) Manager application of John F. Caporale for Gas 'N
Shop Inc. dba Cappy's at 5560 S. 48th Street, #4.
(ADOPTED FOR DENIAL, 7-0; A-83940)
7) Application of Planet Subs Nebraska, LLC dba
Planet Subs for a Class I liquor license at 1332 P
Street.(ADOPTED FOR APPROVAL, 7-0; A-83941)
8) Manager application of Paul Bowers for Planet Subs
Nebraska, LLC dba Planet Subs at 1332 P Street.
(ADOPTED FOR APPROVAL, 7-0;A-83942)PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS #'S 9 THRU 19 HAD 2ND READING; SEE ITEMS 9 & 10)
9) 06-86 Authorizing execution and delivery of the
Development Agreement between the City and
various owners for the development of
approximately 726 acres of property generally
located at S. 84th Street and Rokeby Road and
for the issuance of bonds for the
installation of infrastructure to serve the
area. (Related Items: 06-86, 06R-110)(6/12/06 - Public Hearing & 2nd Reading cont'd
to 7/10/06)(7/10/06 - P.H. & 2nd Reading
con't. to 7/24/06)(PUBLIC HEARING & 2ND READING
CONTINUED TO 8/28/06, 7-0)Attachment (27K)
10) 06R-110 Comp. Plan Amendment 06002 - Amending the 2025
Lincoln-Lancaster County Comprehensive Plan to (a)
amend the 2025 Future Service Limit to add land
west of 98th Street from Yankee Hill Road to one-
half mile south of Rokeby Road; (b) amend the
Urban Growth tier and associated maps in the same
area from Tier I, Priority B, to Tier I, Priority
A, and land from Tier II to a mix of Tier I,
Priority A and B; and (c) to change the land use
in the area being added to the Future Service
Limit from Agricultural to Urban Residential.
(Related Items: 06-86, 06R-110) (Action Date:
6/19/06)(6/12/06 - Public Hearing &
2nd Reading cont'd to 7/10/06)(7/10/06 - P.H. & 2nd Reading con't. to 7/24/06)
(PUBLIC HEARING & 2ND READING CONTINUED TO 8/28/06,
7-0)Fact Sheet (570K)
11) 06-113 Change of Zone 06023 - Amending Chapter 27.80 of
the Lincoln Municipal Code relating to Zoning to
increase and amend fees for application of a
change of zone, downzones, planned unit
developments, use permits, community unit plans,
special permits, administrative amendments,
changes in text, postponement fees, and waiver of
fees. (Related Items: 06-113, 06-114, 06-115,
06R-146)Fact Sheet (52K)
12) 06-114 Misc. 06005 - Amending Chapter 26.33 of the
Lincoln Municipal Code relating to Land
Subdivision to increase application fees for final
plats, preliminary plats, change in text, waivers
and appeals, and postponements. (Related Items:
06-113, 06-114, 06-115, 06R-146)Fact Sheet (71K)
13) 06-115 Amending Section 14.20.020 of the Lincoln
Municipal Code to increase the application fee for
the vacation of public ways. (Related Items:
06-113, 06-114, 06-115, 06R-146)Fact Sheet (15K)
14) 06R-146 Approving an increase in application fees for
comprehensive plan amendments and comprehensive
plan conformance. (Related Items: 06-113, 06-
114, 06-115, 06R-146) (Action Date: 7/31/06)Attachment (16K)
15) 06-119 Authorizing and providing for the issuance of
revenue bonds of the Solid Waste Management
Enterprise of the City of Lincoln, Nebraska.
16) 06-120 Authorizing the issuance of not to exceed
$4,500,000 aggregate principal amount of Solid
Waste Management Revenue Bonds.
17) 06-121 Amending and adding sections to Chapter 10.14
(Rules of the Road) and Chapter 10.48 (Bicycles)
within Title 10 of the Lincoln Municipal Code
relating to Vehicles and Traffic to define bicycle
lanes and to regulate the use of bicycle lanes.
Fact Sheet (13K)
18) 06-122 Street Name Change 06002 - Renaming that portion
of N. 14th Street from Cornhusker Highway south to
Military Avenue and that portion of N. 19th Street
from R Street south to O Street as North Antelope
Valley Parkway; renaming that portion of S. 19th
Street from O Street south to K street as South
Antelope Valley Parkway; and renaming the new
east/west roadway from 10th Street northeast to
33rd and Superior Streets as Salt Creek Roadway.
Fact Sheet (52K)
19) 06-124 Change of Zone 06041 - Application of
Schroeder/Klein Investments for a change of zone
from AG Agricultural District to I-3 Employment
Center District, on property generally located at
S. 14th Street and Yankee Hill Road.
Fact Sheet (215K)
PUBLIC HEARING - RESOLUTIONS
20) 06R-139 Approving an agreement between the city and The
Hartford to provide life insurance for City of
Lincoln employees for a four year period.
(ADOPTED, 7-0; A-83943)Fact Sheet (50K)
Attachment (750K)
21) 06R-141 Approving the Budget and Program of Work for
Downtown Lincoln Association's FY 2006 - 2007
Management and Maintenance District. (ADOPTED,
7-0; A-83944)Fact Sheet (56K)
Attachment (457K)
22) 06R-144 Use Permit 04006A - Application of Rembolt
Development to amend Barons Ridge 1st Addition to
reduce the rear yard setback from 30' to 25' on
Lots 1 - 10, Block 2, and from 30' to 20' on Lots
1 - 8, Block 1, Baron's Ridge 1st Addition,
generally located at West Highlands Blvd. and N.W.
1st Street. (ADOPTED, 7-0; A-83945)Fact Sheet (246K)
23) 06R-145 Approving a Revised Interlocal Agreement between
the City, County, and the Public Building
Commission to amend Section 9 to clarify insurance
coverage between the City and County.(ADOPTED,
7-0; A-83946)Fact Sheet (59K)
Attachment (509K)
Anyone wishing to address an item on the Consent Agenda may
do so at this time- CONSENT AGENDA -
PETITIONS & COMMUNICATIONS
24) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPT.:Change of Zone 06044 - App. of Will and
Lisa Ross from R-2 Residential District to B-1
Local Business District located at A Street and
Maxwell Street, Walton, NE.
Special Permit 1940A - App. of Hartland
Homes, Inc. for an amendment to the Cardinal
Heights Community Unit Plan to adjust the lot
lines and waiver requests to reduce lot area and
average lot width located at NW 56th
Street and Redberry Lane.
Special Permit 06042 - App. of St.
Patrick's Church for a dwelling for members of a
religious order on property located at N.
61st Street and Morrill Avenue.
Special Permit 06043 - App. of Esmeraldo
Lopez for expansion of non-conforming use on
property at S. 2nd Street and K Street.
25) MISCELLANEOUS REFERRALSREPORTS OF CITY OFFICERS
26) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by Council on July 10, 2006.
(PLACED ON FILE)
27) Report of City Treasurer of City cash on hand at
the close of business June 30, 2006. (PLACED ON
FILE)
28) 06R-142 Reappointing Martha Hettenbaugh, Barry Moore,
Ruthelen Sittler, and Carl Tesch to the Lincoln
Area Agency on Aging Advisory Board for three-year
terms expiring July 1, 2009.(ADOPTED, 7-0;
A-83947)- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)(ITEM 29 HAD 1ST READING)
29) 06-125 Amending Sections 10.16.030 and 10.16.040 of the
Lincoln Municipal Code by making additional
amendments to the penalty provisions for driving
under the influence and refusal to submit to
alcohol testing to conform with penalties
proscribed by state statutes as required by law.
Fact Sheet (14K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
30) 06-108 Annexation 05008 - Amending the Lincoln Corporate
Limits Map by annexing approximately 226 acres of
property generally located at North 14th Street
and Military Road (Nebraska State Fair Park).
(PASSED, 7-0; #18768)Fact Sheet (316K)
31) 06-111 Change of Zone 06036 - Application of the Planning
Director for a change of zone from County I
Industrial District to City I-1 Industrial
District on property generally located at the
northeast corner of 134th and O Streets.(PASSED,
7-0; #18769)Fact Sheet (169K)
32) 06-112 Change of Zone 06039 - Amending Title 27 of the
Lincoln Municipal Code to allow outdoor dining,
when associated with a restaurant, in the front
yard of the O-3, B-1, B-2, B-3, B-4, B-5, H-1, H-
2, H-3, H-4, I-1, I-2, and I-3 zoning districts;
by amending Section 27.71.100 where patios and
paved terraces are allowed in the front yard; by
amending Section 27.71.115 to allow canopies in
the front yard in the O-3, B-3, B-5, H-4, I-1, and
I-3 zoning districts; by adding a section to
Chapter 27.03 to add a definition for outdoor
dining; by amending Section 27.71.030 to add the
O-3 district; by amending Section 27.27.070 to
require the entire front yard to be landscaped,
except for necessary paving of walkways and
driveways to reach parking and loading areas,
provided that any driveway in the front yard shall
be substantially perpendicular to the street and
shall not be wider than thirty feet; by amending
Chapter 27.67, Parking, to exempt outdoor dining
off-street parking requirements. (PASSED, 7-0;
#18770)Fact Sheet (90K)
33) 06-116 Annexation 06004 - Amending the Lincoln Corporate
Limits Map by annexing approximately 51.1 acres of
property generally located at South 91st Street
and Andermatt Drive. (Related Items: 06-116,
06-117, 06R-134) (PASSED, 7-0; #18771)Fact Sheet (405K)
34) 06-117 Change of Zone 06016 - Application of Eiger Corp.
for a change of zone from AG Agricultural to R-3
Residential and from AG Agricultural to O-3 Office
Park District on property generally located at
South 91st Street and Andermatt Drive. (Related
Items: 06-116, 06-117, 06R-134)(PASSED, 7-0; #18772)Fact Sheet (529K)
35) 06R-134 Use Permit 06003 - Application of Eiger Corp. to
develop 50,000 square feet of office space,
including requested waivers to adjust front, side
and rear setbacks, to allow transfer of wastewater
from one drainage basin to another, to allow
sanitary sewer to exceed maximum depth, to exceed
minium tangent length between non-compound
horizontal curves, to allow sanitary sewer to be
constructed non-parallel to the centerline of the
street, to allow lot lines non-perpendicular to
the right-of-way, to allow lots that do not front
upon a public street or private roadway, and to
adjust location of the sign allowed at the
entrance of the office park, on property generally
located at South 91st Street and Andermatt Drive.
(Related Items: 06-116, 06-117, 06R-134)(Action Date: 7/24/06) (ADOPTED, 7-0;A-83948)Fact Sheet (671K)
36) 06-118 Vacation 05010 - Vacating the east/west alley
located 100 feet east of vacated 49th Street
between Prescott and Lowell Avenues.(PASSED,
7-0; #18773)Fact Sheet (148K)
37) 06R-136 Adopting the Schedule of Costs for sidewalk permit
fees for new sidewalk construction in residential
and commercial areas. (7/17/06 - Action Delayed
1 wk. to 7/24/06) (ADOPTED, 5-2; COOK & ESCHLIMAN
DISSENTING;A-83949)Fact Sheet (58K)
PENDING LIST - DATE CERTAIN (SEE ITEM #38)
38) 06-107 Amending Chapter 9.36 of the Lincoln Municipal
Code by adding a new section numbered 9.36.130 to
prohibit the carrying of concealed weapons and
adding a new section numbered 9.36.140 to provide
definitions. (6/26/06 - Placed on Pending to
have Public Hearing & 2nd Reading on 7/31/06)
(WITHDRAWN, 5-2; COOK & MARVIN DISSENTING; #38-4531)Fact Sheet (59K)
39) 06R-121 Approving an Agreement between the City and the
County of Lancaster to contribute equally the
local matching portion of the Federal Funds
obligated for the East Beltway Preliminary Design,
Corridor Protection, and ROW (State Proj. #DPU-55
(156), Control #12848, City #542702). (6/26/06
- Public Hearing & Action continued to
7/10/06)(7/10/06 - P.H. & 2nd
Reading con't. to 8/7/06)Fact Sheet (48K)
40) 06R-122 Approving an Agreement between the City and the
Nebraska Department of Roads for Federal funds to
be obligated and used for the East Beltway
Preliminary Design, Corridor Protection, and ROW
(State Proj. #DPU-55 (156), Control #12848, City
#542702). (6/26/06 - Public Hearing & Action
continued to 7/10/06)(7/10/06 - P.H. &
2nd Reading con't. to 8/7/06)Fact Sheet (47K)
PENDING LIST (EXTENDED ONE WEEK)
41) 02-114 Amending Chapter 2.54 of the Lincoln Municipal
Code by adding a new section entitled "Standards
of Ethical Conduct for Employees & Elected
Officials" to supplement the existing conflicts of
interest regulations. (7/29/02 - Placed on
Pending until a committee is formed)Fact Sheet (3K)
42) 04-188 Annexation 03001 - Amending the Lincoln Corporate
Limits Map by annexing approx. 214 acres of
property generally located at N. 56th St. & Arbor
Rd. (In connection 04R-273, 04-189, 04R-
272)(10/11/04 - Placed on Pending
Indefinitely)
43) 04R-273 Approving the North Bank Junction Annexation &
Zoning Agreement between the City and Roger &
Eldonna Schwisow and Hartland Homes, Inc. relating
to the annexation of approx. 214 acres on property
generally located at N. 56th St. & Arbor Rd.
(In connection w/04-188, 04-189, 04R-272)
(10/11/04 - Placed on Pending Indefinitely)Attachment (527K)
44) 04-189 Change of Zone 3398 - Application of Hartland
Homes, Inc., Rodger & Eldonna Schwisow for a
change from AG Agricultural to R-3 Residential for
approx. 123 acres & H-4 General Commercial for
approx. 21 acres on property generally located at
N. 56th St. & Arbor Rd. (In connection w/04-
188, 04R-273, 04R-272)(10/11/04 - Placed
on Pending Indefinitely)Fact Sheet (217K)
45) 04R-272 Special Permit 2004 - Application of Hartland
Homes, Inc., Rodger & Eldonna Schwisow to develop
125,000 sq. ft. of planned service commercial
floor area, with variances to the rear & side yard
setback requirements on property located at N.
56th St. & Arbor Rd. (In connection w/04-188,
04R-273, 04R-189, 04R-272)(10/11/04 -
Placed on Pending Indefinitely)Fact Sheet (535K)
46) 05R-301 Comp. Plan Amendment No. 05011 - Amending the 2025
Lincoln/Lancaster County Comprehensive Plan by
changing approximately 14 acres of Public/Semi-
Public and Green Space to Commercial use, on
property generally located at the southeast corner
of N. 84th Street and Havelock Ave.
(Related Items: 05R-301, 05R-302)(12/19/05 -
Placed on Pending Indefinitely)Fact Sheet (676K)
47) 05R-302 Approving a memorandum of Understanding between
the City and the Lancaster County Agricultural
Society associated with the Society's request for
a comprehensive plan amendment designating
approximately 14.4 acres generally located on the
southeast corner of 84th Street and
Havelock Avenue as commercial. (Related Items:
05R-301, 05R-302)(12/19/05 - Placed on Pending Indefinitely)
48) 05-188 Change of Zone 3413 - Application of Landon's
Neighborhood Association for a change of zone from
R-4 Residential to R-2 Residential on property
generally located at North 24th and Superior
Streets. (12/19/05 - Placed on Pending
Indefinitely)Fact Sheet (1465K)
49) 06-16 Repealing Chapter 14.44 of the Lincoln
Municipal Code relating to Obstructions on
Corner Lots as the requirements set forth in
Chapter 14.44 would be more appropriately
addressed in the City of Lincoln Design
Standards.(2/27/06 - Placed on Pending for
8 wks to 4/24/06 (Action only) ) (4/17/06 -
Moved to Pending List, No Date Certain)Fact Sheet (14K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, JULY 31, 2006 AT 5:30 P.M.:(APPROVED, 7-0)
50) 06R-147 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of July 1 - 15,
2006.
Fact Sheet (13K)
Attachment (20K)
51) 06R-148 Appointing Clyde Tyndall to the Lincoln Commission
on Human Rights to fill an unexpired three-year
term expiring December 31, 2007.
Attachment (27K)
52) 06R-149 Appointing Ruth Jones to the City Personnel Board
to fill an unexpired five-year term expiring June
22, 2010.
Attachment (43K)
Please note: During the Open Microphone & Registered Section of
the agenda, individuals are allowed a total of 5 minutes to speak
whether registered or not regardless of number of topics. The
Open Microphone and Registered Section is available on the
2nd & Last Monday of each month.
ANY PERSON DESIRING TO HAVE THEIR NAME & SUBJECT MATTER LISTED
ON THE FORMAL AGENDA PERTAINING TO MATTERS NOT ON THE
CURRENT AGENDA, OR NOT SCHEDULED TO APPEAR ON A FUTURE
AGENDA, SHOULD NOTIFY THE CITY CLERK BY 10:00 A.M. ON THE
WEDNESDAY (7/26/06) PRIOR TO THE NEXT FORMAL CITY COUNCIL
MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 7/31/06.
ANYONE WISHING TO ADDRESS THE COUNCIL ON A MATTER NOT ON THIS
AGENDA, AND NOT PLANNED TO APPEAR ON A FUTURE AGENDA, MAY DO
SO AT THIS TIME. OPEN MICROPHONE SESSIONS FOR JULY ARE
THE 17TH AND 31ST .
ADJOURNMENT 3:57 P.M.
***
The City Council Meeting
which is broadcast live at 1:30 p.m. every Monday and
at 5:30 p.m. on the last Monday of each month
will be rebroadcast on Saturdays at 1:00 p.m.,
Immediately following the Pre-Council Meeting
on 5 City-TV, Cable Channel 5.
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The City Council Agenda and Action Sheet may be accessed on the
Internet at:
lincoln.ne.gov
***